Allahabad High Court
Appointments Made Under Dying-In-Harness Rules Are 'Permanent' In Nature: Allahabad High Court Reiterates
The Allahabad High Court has reiterated its earlier stand that the appointment made under the Government Servant Dying in Harness Rules, 1974 is permanent in nature.The bench comprising of Justice Kshitij Shailendra observed that the Government Servant Dying in Harness Rules, 1974 “being statutory Rules, nowhere provide that the compassionate appointment of an appointee is temporary...
Fatal Accidents Act| 'Writ Plea Maintainable As Tort Feasors Were Govt Agencies/Servants': Allahabad HC Awards ₹50L Compensation To Widow
The Allahabad High Court entertained a writ petition under Article 226 of the Constitution of India for a claim of compensation for tortious liability as the deceased employee was a government servant residing in official accommodation and the tortious liability was on the government itself.While entertaining the writ petition, the bench comprising of Justice Saumitra Dayal Singh and Justice...
Responsibility, Credibility On Bank Employees Is On Higher Side: Allahabad HC Upholds Dismissal In Money Laundering Case
Recently, the Allahabad High Court held that the responsibilities of a Bank employee and his credibility and integrity are on a higher footing than others. In case of misuse of money deposited in the bank, the punishment of dismissal is proportionate.While upholding the dismissal of Head Chasier, UCO Bank in the case of fraudulent transaction, bench comprising of Justice Attau Rahman Masoodi...
MSMED Act 2006 Overrides Arbitration And Conciliation Act 1996 And Any Agreement Entered Into Between Parties: Allahabad HC
The Allahabad High Court on Tuesday held that the provision of Micro, Small and Medium Enterprises Development Act, 2006 have an overriding effect on the Arbitration and Conciliation Act 1996 and any agreement entered into between parties.Relying on the decision of the Supreme Court in M/s Silpi Industries vs. Kerala State Road Transport Corporation, the bench comprising of Justice Mahesh...
Allahabad HC Dismisses PIL Objecting To King Nishadraj's Statue With Lord Rama In Prayagraj Citing Wrong Depiction
The Allahabad High Court has dismissed a Public Interest Litigation (PIL) plea seeking alterations to the statue of King Nishad Raj & Lord Shri Ram, situated at Sringverpur Dham in Soraon, Prayagraj. The plea sought to depict King Nishadraj in a manner befitting a king.A bench of Acting Chief Justice Manoj Kumar Gupta and Justice Donadi Ramesh opined that the issue in the PIL plea cannot...
'No Bar On Claiming 2nd Maternity Benefit Within 2 Yrs Of 1st Grant': Allahabad HC, Says 'Maternity Act' Overrides Financial Handbook
The Allahabad High Court has recently held that the Maternity Benefit Act, 1961 is a piece of beneficial legislation which will override the provisions of the Financial Handbook on an institution. The Court further held that there is no bar on claiming second maternity benefits within two years from the first one.Relying on the earlier judgments of the Allahabad High Court in Anupam Yadav...
'Fundamental Right To Shelter Violated': Allahabad HC Orders ₹2L Compensation, Vacant Land For 2 Who Were Unlawfully Dispossessed By Authorities
Recently, the Allahabad High Court directed the official state authorities to pay a sum of Rs. 2 lakhs, and vacant land to two persons who were admittedly unlawfully dispossessed of their land by the them.While awarding the compensation, Justice J.J. Munir held that“They (referring to State Authorities) have employed powers available to them and the might of the State to unlawfully deprive...
Sale Deed For Land Can't Be Executed By Person Whose Name In Mutation Entry Is Stayed: Allahabad High Court
The Allahabad High Court has held that a person whose name mutation as the tenure holder of a land has been stayed, cannot execute a sale deed for the said land.While dealing with the sale of land by the wife of a deceased tenure holder, Justice Rajnish Kumar held since a stay was ordered by the Tehsildar on entry of the wife's name as the tenure holder of the disputed land, she did not have...
HC Can't Interfere In Factual Findings Regarding Grant Of Arms License: Allahabad High Court
The Allahabad High Court has held that the High Court exercising writ jurisdiction under Article 226 of the Constitution of India cannot interfere in factual findings returned by the Licensing Authority regarding the grant of arms license under the Arms Act, 1959.“There is no right to have an arms licence which is a privilege and it is a question of fact which is to be ascertained by...
'Misleading' Gutka Ads | 'Notices Issued To Shah Rukh Khan, Akshay Kumar & Ajay Devgn': UOI To Allahabad HC In Contempt Case
The Union of India has informed the Allahabad High Court that the Central Consumer Protection Authority (CCPA) has issued notices to Bollywood actors Shah Rukh Khan, Akshay Kumar and Ajay Devgan over surrogate Gutkha advertising. The submission was made before a bench of Justice Rajesh Singh Chauhan in response to a contempt plea filed over non-compliance with the High Court's September...
Why Madrasa Board Under Minority Dept, Not Education?; Can Persons Of Specific Religion Only Be Appointed To Board?: Allahabad HC Asks UOI, UP Govt
Amid the ongoing controversy over madrasas in Uttar Pradesh, with the state government surveying the Islamic education institutions in 2022 and forming an SIT last month to probe madrassas' funds from abroad, the Allahabad High Court last week questioned the need for the Madarsa Board to run under the Minority Department rather than the Education Department of the state.The bench of Justice...
Proceedings For Alleged Different Usage Of Land Can't Be Initiated U/S 28-A UP Urban Planning & Development Act: Allahabad HC
The Allahabad High Court has held that proceedings for alleged different usage of land other than the sanctioned purpose cannot be initiated under Section 28-A UP Urban Planning and Development Act 1973.The bench comprising Justice Manju Rani Chauhan held that for proceedings under Section 28-A of the 1973 Act, notice needed to be issued under Section 27 or Section 28 before the order is...